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AVFs along the San Miguel are more than two-and-a-half miles away and will not be <br />impacted by the New Horizon Mines (2.07.6(2)(k) and 2.06.8(3)(c)). <br />For additional specific fmdings concerning this alluvial valley floor, see Section B, 17C. <br />13. The Division hereby approves the post-mining land use of the operation. It was <br />determined that imgated pasture, irrigated hayland, and dryland pasture meets the <br />requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B (2.07.6(2)(m)). <br />15. The Division fmds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of them critical habitats (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of this time, April 13, 1993, the operator is current in the payment of reclamation fees <br />requrred by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />SECTION B <br />The following fmdings and specific approvals are required by Rule 4 <br />I. Hydrologic Balance -Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />The Division proposes to grant three small area exemptions from use of <br />sediment ponds due to the limited size of the area and due to the fact that <br />ponds and treatment facilities are not necessary for the drainage to meet the <br />effluent limitations of Rule 4.05.2 and applicable State and Federal water <br />quality standards for receiving streams and also due to the fact that no <br />mixing of surface drainage with a discharge from underground workings will <br />occur. The small auras to be exempted are located at the topsoil pile at pond <br />007, along the fence line between ponds 2 and 3, and at the NW corner of <br />the Rice property (4.05.2(3)(b)(i)). <br />B. Acid-forming and Toxic-forming Spoil <br />The Division proposes to approve temporary storage of acid- and <br />toxic-forming spoil for more than 30 days. This decision is based on a <br />fmding that burial or treatment of these materials within 30 days is not <br />feasible and the delay will not result in any material risk of water pollution <br />or other environmental damage (4.05.8(3)). See Section 2.04.6 for <br />16 <br />